Arizona

Criminal Procedure

Criminal Procedure

Rule 12.9 – Challenge to Grand Jury Proceedings

(a)Grounds. A defendant may challenge a grand jury proceeding only by filing a motion for a new finding of probable cause alleging that the defendant was denied a substantial procedural right or that an insufficient number of qualified grand jurors concurred in the indictment.
(b)Timing. A defendant must file a motion under (a) no later than 45 days after the certified transcript and minutes of the grand jury proceedings are filed or no later than 45 days after the defendant’s arraignment, whichever is later.
(c)Relief. If the court grants a motion for a new finding of probable cause, the State may proceed with the prosecution of the case by filing a complaint under Rule 2 or by resubmitting the matter to the same or another grand jury. On motion or on its own, the court must dismiss the case without prejudice unless a complaint is filed, or a grand jury’s consideration begins, no later than 15 days after entry of the order granting the motion for a new finding of probable cause.

Ariz. R. Crim. P. 12.9

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 12.9, relating to challenge to grand jury proceedings, was abrogated effective January 1, 2018.